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2010 Supreme(Mad) 2548

S.NAGAMUTHU
Yerwadi Kasim @ Mohammed Kasim – Appellant
Versus
State, rep. By the Inspector of Police, CBCID SIT, Chennai – Respondent


Advocates Appeared:
For the Petitioner:P. Pugalenthi, Advocate.
For the Respondent:Muniapparaj, Government Advocate (Crl. Side).

Judgment :

1. The petitioner is one of the accused in S.C.No.15 of 2003 on the file of the Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai. He stands charged for offences under Section 120(B) I.P.C., r/w Section 5 of the Explosive Substances Act, 1908 and Section 3 r/w 24(1)(B)(A) of the Arms Act of 1959. He was arrested on 29.05.1998 and then onwards, he has been in judicial custody. Similar bail applications moved on earlier occasions were all dismissed, considering the gravity of the offences said to have been committed by the petitioner and all the other attendant circumstances. Lastly, he filed Crl.O.P.No.6411 of 2010 for bail and the same was also dismissed on 08.04.2010. Now he has come up with this petition again seeking bail.

2. Mr.N.R.Elango, the learned Senior Counsel appearing for the petitioner would vehemently contend that denial of bail to the petitioner would amount to violation of the right to life guaranteed under Article 21 of the Constitution of India, inasmuch as the petitioner has already served out pre conviction detention for about 12 years whereas, the maximum punishment awardable for the offences for which he has been charged is






















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